Section R12-15-703. Analysis of Assured Water Supply

A.      A person proposing to develop land that will not be served by a designated provider may apply for an analysis of assured water supply before applying for a certificate. An applicant for an analysis must be the owner of the land that is the subject of the application or have the written consent of the owner. The commissioner of the  Arizona State Land Department may apply for an analysis for land owned by the state of Arizona or may consent to the inclusion of such land in an application.

B.       An applicant for an analysis shall submit an application on a form prescribed by the Director with the initial fee required by R12-15-103(C), and attach the following:

1.        A title report, condition of title report, limited search title report, or recorded deed, dated within 90 days of the date the application is submitted, demonstrating the ownership of the land that is the subject of the application;

2.        A description of the development, including:

a.         A map of the land uses included in the development,

b.        A list of water supplies proposed to be used by the development,

c.         A summary of land use types included in the devel- opment, and

d.        An estimate of the water demand for the land uses included in the development; and

management goal, according to the criteria in R12-15- 722.

F.                 For 10 years after the Director issues an analysis, or a longer period allowed under subsections (H) or (I) of this Section:

1.        If groundwater is a source of supply in the analysis and the applicant demonstrates that groundwater is physically available under subsection (E)(1) of this Section, the Director shall consider that supply of groundwater reserved for the use of the proposed development in sub- sequent determinations of physical availability pursuant to R12-15-716(B).

2.        If an analysis holder applies for a certificate for a subdivi- sion located on land included in the analysis, the Director shall presume that a criterion demonstrated in the analysis remains satisfied with respect to the subdivision, unless the Director has received new evidence demonstrating that the criterion is not satisfied. If the Director issues the certificate, the Director shall reduce the volume of groundwater reserved pursuant to subsection (F)(1) of this Section by the amount of the estimated water demand for the certificate that will be met with groundwater.

G.               The Director shall reduce the amount of groundwater consid- ered reserved for use of the development upon request by the analysis holder. If the analysis holder requesting a reduction is not the person to whom the analysis was issued, the Director shall reduce the amount of reserved groundwater only if the person to whom the analysis was issued or that person’s desig- nee consents to the request for reduction. The person to whom the analysis was issued shall notify the Director in writing of the name of the person’s designee for purposes of this subsec- tion.

H.               The analysis holder may apply to the Director for a five-year extension of the time period in subsection (F) of this Section by submitting an application on a form prescribed by the

	Director no earlier than 36 months before the end of the time		ii.     Evidence that the CAGRD has reviewed and
	period and no later than 30 days before the end of the time		approved  evidence  that   the  applicant  is  the
	period. If an extension is granted, the analysis holder may		owner of the land that is the subject of the
	apply to the Director for an additional five-year extension by		application;
	submitting an application on a form prescribed by the Director		b.     For an applicant that is a potential purchaser, evi-
	no earlier than 36 months before the end of the extended time		dence of a purchase agreement; or
	period and no later than 30 days before the end of the extended		c.      For an applicant that is an affiliate of another appli-
	time period. The Director shall extend the time period for no		cant, a certification by the other applicant of the
	more than two successive five-year periods under this subsec-		affiliate status;
	tion if the analysis holder demonstrates one of the following:		2.     A plat of the subdivision;
	1.     The analysis holder has made a substantial capital invest-		3.     An estimate of the 100-year water demand for the subdi-
	ment in developing the land included in the analysis.		vision;
	2.     The analysis holder has made material progress in devel-		4.     A list of all proposed sources of water that will be used by
	oping the land included in the analysis.		the subdivision;
	3.     Progress in developing the land included in the analysis		5.     Evidence that the criteria in subsections (F) or (G) of this
	has been delayed for reasons outside the control of the		Section are met; and
	analysis holder.		6.     Any other information that the Director reasonably deter-
I.	After the Director grants two five-year extensions pursuant to		mines is necessary to decide whether an assured water
	subsection (H) of this Section, the Director may extend the		supply exists for the subdivision.
	time period for additional five-year periods if the analysis	C.	Each applicant shall sign the application for a certificate. If an
	holder files a timely application pursuant to subsection (H) of		applicant is not a natural person, the applicant’s authorized
	this Section and demonstrates one of the criteria in subsections		officer, managing member, partner, trust officer, trustee, or
	(H)(1), (2), or (3) of this Section.		other person who performs similar decision-making functions
J.	The Director shall review an application for an analysis or an		for the applicant shall sign the application. If an applicant sub-
	application for an extension pursuant to subsections (H) or (I)		mits a letter, signed by the applicant and dated within 90 days
	of this Section pursuant to the licensing time-frame provisions		of the date the application is submitted, authorizing a represen-
	in R12-15-401.		tative to submit applications for permits regarding the land to
	Historical Note		be included in the certificate, the authorized representative
	Adopted effective February 7, 1995 (Supp. 95-1).		may sign the application on the applicant’s behalf.
	Amended by emergency rulemaking at 11 A.A.R. 2706,	D.	The Director shall give public notice of an application for a
	effective June 29, 2005 for 180 days (Supp. 05-2). Emer-		certificate as provided in A.R.S. § 45-578.
	gency renewed for 180 days at 12 A.A.R. 144, effective	E.	After a complete application is submitted, the Director shall
			review the application and associated evidence to determine:

  

 

December 23, 2005 (Supp. 05-4). Emergency expired. Section repealed; new Section made by final rulemaking at 12 A.A.R. 3475, effective September 12, 2006 (Supp. 06-3). Amended by exempt rulemaking at 16 A.A.R.

1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective Septem- ber 10, 2010 (Supp. 10-3). Amended by final rulemaking

at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).